April 25, 2024

DealBook: With JPMorgan Settlement, MF Global Clients Move Closer to Payout

MF Global customers moved one step closer to recouping their missing money late on Tuesday when JPMorgan Chase released its claim to more than $500 million belonging to the bankrupt brokerage firm.

The settlement deal, struck between JPMorgan and the trustee overseeing the return of customer money, puts to rest more than a year of tough negotiations. JPMorgan was reluctant to part with the money, arguing in part that it was owed tens of millions of dollars as a creditor of MF Global.

But the settlement deal, which includes a $100 million cash payout to the trustee and a promise from JPMorgan not to clawback $417 million it doled out last year, paves the way for MF Global’s customers to recover nearly all the money that disappeared when the brokerage firm imploded. That goal, surprisingly within reach, is a stunning turnaround from MF Global’s bankruptcy filing in October 2011, when $1.6 billion vanished from the firm.

“This is a significant milestone in returning assets to former customers,” James W. Giddens, the trustee, said in a statement.

In a sign that Mr. Giddens is moving closer to making MF Global’s customers whole, he asked a bankruptcy court judge on Tuesday to approve $300 million in cash payouts. The request comes on the heels of a payout in January that brought most American customers to 93 percent of their original investment, up from 80 percent. The new request, if approved by Judge Martin Glenn of the United States Bankruptcy Court in Manhattan, will further aid customers by “several percentage points,” according to Mr. Giddens.

Foreign customers are not as well-positioned, though they too could receive additional money from the JPMorgan settlement.

The accord closes a bitter chapter in the MF Global debacle.

MF Global customers have long questioned whether JPMorgan was playing hardball, echoing accusations the bank faced in the aftermath of the Lehman Brothers bankruptcy. The customers complained that JPMorgan was slow to settle with Mr. Giddens, and even now they wonder whether the bank should have returned more.

Mr. Giddens noted, however, that the deal was an “economically sound agreement ending what would have been a costly, protracted, and uncertain legal battle.” Without the agreement, he said, fresh payouts to customers could have stalled “for at least two or three years.”

While JPMorgan had already returned $1 billion belonging to customers and $417 million in the firm’s proprietary funds, it attached a lien to the latter payment. Under the deal to pay $100 million to Mr. Giddens, it also released the lien on Tuesday.

“We are pleased to have reached this settlement, which will help restore funds to MF Global’s customers,” a JPMorgan spokeswoman said in an e-mail, adding that bank officials “don’t expect this settlement will have a material impact on our results.” The spokeswoman, Jennifer Zuccarelli, explained that “the agreement resolves all outstanding matters” between the bank and the MF Global “estate, its customers and creditors.”

JPMorgan was an obvious target for Mr. Giddens. It was at the center of MF Global’s downfall, lending to the firm and clearing its trades.

The bank was also a major recipient of customer money during MF Global’s chaotic final moments. When MF Global posted extra collateral to back its trades, aiming to reassure JPMorgan about its precarious position, some of the funds most likely belonged to customers.

Federal authorities have also scrutinized a $175 million transfer MF Global made from customer accounts to JPMorgan the day before the brokerage collapsed. The transfer, which was authorized by the firm’s Chicago office, was made to patch an overdraft in a London account.

While JPMorgan questioned the origin of the funds, seeking written assurances that the transfer was legitimate, MF Global balked. JPMorgan seized the money anyway, though the bank has said that it received oral assurances.

“As we have said before,” the JPMorgan spokeswoman said, the bank “worked to assist our client in a responsible manner under very challenging circumstances.”

James L. Koutoulas, a Chicago hedge fund manager who became a voice for thousands of customers whose money disappeared, might disagree. After he appeared on CNBC in 2011 to criticize JPMorgan, the bank closed his account and froze his credit card.

The bank has declined to discuss Mr. Koutoulas.

Article source: http://dealbook.nytimes.com/2013/03/20/with-jpmorgan-settlement-mf-global-clients-move-closer-to-payout/?partner=rss&emc=rss

Smaller Cars Lift Ford’s Profit to $2.55 Billion

Ford earned $2.55 billion in the quarter, or 61 cents a share, up from $2.09 billion, or 50 cents, in the period a year earlier. The results should ease some concerns that the company was losing momentum after fourth-quarter earnings missed expectations, though quickly rising gasoline prices and earthquake damage to auto parts plants in Japan still pose a threat to Ford and the rest of the industry.

Ford’s share rose 3 percent on Wall Street while General Motors shares were up 0.5 percent.

“Our team delivered a great quarter, with solid growth and improvements in all regions,” Ford’s chief executive, Alan R. Mulally, said in a statement. “We continue to accelerate our ‘One Ford’ plan around the world, delivering on our commitments to serve our global customers with a full family of best-in-class vehicles and deliver profitable growth for all, despite uncertain economic conditions.”

Typically, smaller cars result in lower profits. But new high-mileage models, including the Fiesta subcompact, allowed Ford to increase its pretax earnings in North America by 50 percent, to $1.8 billion. Globally, revenue rose 18 percent, to $33.1 billion.

On a per-vehicle basis, Ford generated about $1,519 in profit worldwide, an increase of 59 percent from the first quarter a year ago, even though revenue per vehicle sold was up only 9 percent, to $22,096.

The increases in sales and profit margins per vehicle offset higher commodity costs and investments in future growth, Ford said. Reduced debt has also cut interest payments.

The company cut its debt by $2.5 billion in the first quarter and said its cash reserves now exceed its debt by $4.7 billion. It reported $2.2 billion of positive cash flow for the quarter, compared with a $100 million outflow a year earlier.

“We are on track with what we said we’d do,” Ford’s chief financial officer, Lewis W. K. Booth, told reporters at the company’s headquarters. “We’re feeling pretty good.”

Mr. Booth said parts shortages related to last month’s earthquake and tsunami in Japan have cut production in Ford’s Asia-Pacific region by up to 14,000 vehicles, but that he expects the company to be minimally affected by the disaster.

“We’re not anticipating anything material,” he said. “We’re seeing fantastic efforts by the Japanese supply base to get their factories up and running.”

The company has been forced to substitute some parts, but “nothing that changes the quality of the vehicle,” Mr. Booth said. Ford also idled a truck plant in Kentucky for one week this month to conserve parts.

Excluding special items, Ford has posted operating profits for seven consecutive quarters. On that basis, its first-quarter operating profit of $2.6 billion was equal to 62 cents a share, up from $1.76 billion, or 46 cents a share. It was 22 percent higher than the consensus forecast on Wall Street, which expected an operating profit of about 51 cents.

In Europe, a recent trouble spot for much of the industry, Ford’s pretax profit grew to $293 million from $107 million in the first quarter of 2010.

Ford said it expects structural and raw-material costs to rise by $2 billion this year. In the first quarter its structural costs were $400 million higher, and commodity costs rose $300 million.

Ford said it expected to build 1.5 million vehicles worldwide in the second quarter, 12,000 more than a year ago.

“Our progress toward delivering profitable growth for all will continue as we aggressively manage short-term challenges and opportunities,” Mr. Mulally said. “We expect our annual volumes to continue to grow substantially, driven primarily by our growing product strength, a gradually strengthening economy and an unrelenting focus on improving the competitiveness of all of our operations.”

In the United States Ford’s sales jumped 12 percent in the first quarter, and it narrowly outsold its larger rival, General Motors, in March, though Ford’s market share fell 1.2 percentage points to 16.2 percent. For all of this year, Ford said it expects its share in the American and European markets to be equal to or better than 2010 levels.

In 2010, Ford rebounded from the recession that helped send its cross-town rivals into bankruptcy protection, earning a total of $6.6 billion.

Article source: http://feeds.nytimes.com/click.phdo?i=eff757ee09b5ef33b47aa1645c59c487